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Biological Opinions for the Sacramento-San Joaquin Delta: A Case Law Summary

For decades biologists, water users, and lawmakers (both federal and state) have attempted to
craft a system that meets the needs of California water users while ensuring sufficient usable
water for fish. Under California's hybrid system of appropriative water rights, users are issued
permits for water diverted from rivers and streams regardless of the users' proximity to the source
of water. The state of California has issued permits to the Bureau of Reclamation (the Bureau) to
store, divert, and deliver water from the federal Central Valley Project (CVP), which consists of
facilities on the Sacramento, Stanislaus, and San Joaquin Rivers, including the Shasta, New
Melones, and Friant Dams. The Bureau diverts CVP and State Water Project (SWP) water from
the southern portion of the Sacramento-San Joaquin Delta to the southern part of California.
Although the amount of water available from the CVP/SWP is relatively constant,
notwithstanding periods of drought and periods of excessive rain (e.g., El NiÃ±o years), the amount
of water diverted from major rivers and their tributaries has increased over time, and fish
populations have declined.